JUDGMENT
This is an appeal arising from a judgment of the High Court (Korir, J) in a petition in which Hon Clement Kung’u Waibara (Hon Waibara) challenged the election of Hon Annie Wanjiku Kibeh (Hon Kibeh), as the Member of the National Assembly for Gatundu North Constituency. Hon Kibeh is now the appellant before us and Hon Waibara the 1st respondent and the Independent Electoral and Boundaries Commission (IEBC) the 2nd respondent.
Since her election on August 8, 2017August 8, 2017, Hon Kibeh has had a checkered history in her quest to retain her seat as Member of the National Assembly for Gatundu North Constituency. Her election was initially successfully challenged in the High Court (Ngugi, J), by Hon Waibara in Election Petition No 1 of 2017 wherein Hon Waibara obtained orders: that the election of Hon Kibeh contravened constitutional and statutory provisions governing elections; that Hon Kibeh was not validly declared as the MP for Gatundu North constituency; and that the declarat…